CIRCULAR

AMENDING, SUPPLEMENTING AND REPLACING A NUMBER OF REGULATIONS OF CIRCULAR NO. 03/2016/TT-BXD DATED MARCH 10, 2016 OF MINISTER OF CONSTRUCTION REGULATING CLASSIFICATION OF CONSTRUCTION WORKS, AND INSTRUCTIONS FOR APPLICATION OF THESE REGULATIONS TO INVESTMENT AND CONSTRUCTION ACTIVITIES

Pursuant to the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on construction works quality management and maintenance;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of investment and construction projects (hereinafter referred to as Decree No. 59/2015/ND-CP);

Pursuant to the Decree No. 42/2017/ND-CP dated April 5, 2017 on amendments and supplements to a number of Articles of the Decree No. 59/2015/ND-CP;

Pursuant to the Government's Decree No. 81/2017/ND-CP dated July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Upon the request of the Director of the Construction Quality Inspectorate,

The Minister of Construction hereby promulgates the Circular amending, supplementing and replacing a number of articles of the Circular No. 03/2016/TT-BXD dated March 10, 2016 of the Minister of Construction regulating classification of construction works, and instructions for application of these regulations to investment and construction activities. 

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1. Placing Article 1a after Article 1 as follows:

“Article 1a. Interpretation

a) Detached home refers to a residential building erected on a separate land lot under the legal ownership of an organization, family or person, including villas, terraced houses and independent houses.

b) Apartment building refers to a building comprising at least 2 stories, a large number of apartments, shared walkways and stairs, individually or commonly owned spaces and commonly used infrastructure facilities for families, persons and entities.

c) Multifunctional project (or mixed-use project) refers to a building serving various functions (Example: a building designed as an apartment building, hotel and office is considered a multifunctional project). 

d) Elevation of a house, construction work or structure refers to the height vertically measured from the ground surface elevation to the top of a building, construction work or architectural structure. As for construction works with different ground surface elevations, the lowest ground surface elevation is used. Method of determining the height of a building, construction work or architectural structure in several particular cases shall be regulated in Appendix 2 to the Circular No. 03/2016/TT-BXD”.

dd) Story above the ground level refers to a floor of which elevation is higher than or equal to the elevation of the ground surface on which a construction work is built according to the approved planning.

e) Basement (or underground floor) refers to a floor of which more than a half is below the surface of the ground on which a building is erected according to the approved planning scheme.

g) Half/semi-basement (or half or semi-underground floor) refers to a floor of which a half is above or equal to the surface of the ground on which a building is erected according to the approved planning scheme.

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i) Attic refers to a floor inside a pitched roof space of which the entire or part of vertical sides is formed by pitched or folded roof surfaces, and vertical wall (if any) is restricted to 1.5 m in height from the floor level.  

k) The number of stories in a building (or construction work) includes all of floors above the ground level (including technical floor or loft), half/semi-basement, exclusive of the attic.

In a building, a loft is not counted as a story of the building only when the loft is used for covering a staircase or elevator shaft, or hiding built-in equipment (if any), or is used as an intermediate space to reach the roof and serve rescue purposes, and makes up 30% at maximum of the dimensional area of the roof.  

With respect to a detached building, a mezzanine shall not be counted as a story of that building if the floor area of such mezzanine is not greater than 65% of the building area of the story underneath.

With respect to houses, home-type structures or buildings with multiple stories built on floor levels (exclusive of detached residential houses), mezzanines are not counted as stories thereof only when they are designed for use as technical spaces (e.g. technical floor levels at the beds of swimming pools, floor levels where generators are placed or other equipment), cover no more than 10% of the building area of the story underneath, but less than 300 m².

In a building project, only one mezzanine, which is not counted as a story of the project, is allowed.

2. Amending, supplementing and replacing regulations laid down in Appendix 1 “Classification of construction works based on capacity or importance levels” to the Circular No. 03/2016/TT-BXD according to Appendix I hereto.

3. Amending and supplementing regulations laid down in Appendix 2 “Classification of construction works based on structural measurement” to the Circular No. 03/2016/TT-BXD according to Appendix II hereto.

4. Repealing point d of section 2 in the Notes of Chart 2 in the Appendix 2 "Classification of construction works based on structural measurement” in the Circular No. 03/2016/TT-BXD.

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Article 2. Transitional provisions

1. Classifications of construction works belonging to investment and construction projects approved before the entry into force of this Circular shall be determined according to laws remaining in effect on the date of grant of approval.

2. With respect to construction works whose construction designs are adjusted after the entry into force of this Circular,

a) if such adjustments do not entail any change in capacity and structural measurement as prescribed herein, classifications thereof shall be determined according to laws remaining in effect on the date of grant of approval;

b) if such adjustments entail any change in capacity and structural measurement as prescribed herein, classifications thereof shall be determined according to Article 1 herein;

Article 3. Entry into force

1. This Circular shall enter in force on January 1, 2020.

2. In the course of implementing this Circular, if there is any difficulty likely to arise, persons and entities may send feedbacks to the Ministry of Construction to seek its decision./.

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PP. MINISTER
DEPUTY MINISTER




Le Quang Hung

APPENDIX I

AMENDING, SUPPLEMENTING AND REPLACING CERTAIN REGULATIONS LAID DOWN IN APPENDIX 1 - CLASSIFICATION OF CONSTRUCTION WORKS BASED ON THEIR CAPACITY OR IMPORTANCE LEVELS TO THE CIRCULAR NO. 03/2016/TT-BXD
(To the Circular No. 07/2019/TT-BXD dated November 7, 2019 of the Minister of Construction)

1.1. Amending Sub-section 1.1.1.1 – Kindergartens and preschools of Section 1.1.1 – Education construction works in Table 1.1 – Classification of civil construction works as follows:

No.

Types of construction works

Classification criteria

Project grades

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I

II

III

IV

1.1.1

Education construction works

1.1.1.1. Kindergartens and preschools

Significance

...

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1.2. Amending Section 1.1.7 – Office buildings of state authorities and political organizations in Table 1.1 – Classification of civil construction works as follows:

No.

Types of construction works

Classification criteria

Project grades

Special

I

II

III

...

...

...

1.1.7

Office buildings of state authorities, political organizations or sociopolitical organizations

Significance

National Assembly House, Presidential Palace, Government’s OFFICE BUILDING, Party Central Committee’s Office Building, and other works of special importance

Office buildings of Provincial Party Committees; Provincial People's Councils, People's Committees; Ministries, General Departments and equivalents; Supreme, Superior or Provincial People's Courts, Supreme People's Procuracies

Office buildings of District Party Committees; District People's Councils, People's Committees; Administrations, Departments and equivalents; District People's Courts, Supreme People's Procuracies

Office buildings of Communal Party Committees, People’s Councils, People’s Committees and equivalents

1.3. Amending Sub-section 1.2.1.1 – Mines or quarries for extraction of construction materials (e.g. sand, rock, clay and other construction materials) of Section 1.2.1 – Manufacturing of construction materials in Table 1.2 – Classification of industrial construction works as follows:

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Types of construction works

Classification criteria

Project grades

Special

I

II

III

IV

1.2.1

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1.2.1.1. Mines or quarries for extraction of construction materials (e.g. sand, rock, clay and other construction materials)

a) With explosive materials used

Significance

Grade II, irrespective of the project size

b) Without explosive materials used

Total production output (million m³ each year)

≥ 1

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1.4. Amending Sub-section 1.2.2.2 – Metallurgy complexes of Section 1.2.2 – Metallurgy and mechanical engineering in Table 1.2 – Classification of industrial construction works as follows:

No.

Types of construction works

Classification criteria

Project grades

Special

I

II

...

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IV

1.2.2

Metallurgy and mechanical engineering

1.2.2.2. Iron and steel complexes

Volume of blast furnace (thousand m³)

> 1

≤ 1

...

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1.5. Amending Sub-section 1.2.5.3 – Hydropower construction works, Sub-section 1.2.5.4 – Wind power construction works and Sub-section 1.2.5.5 – Solar power construction works of Section 1.2.5 – Energy and Supplements to remarks of Table 1.2 – Classification of industrial construction works as follows:

No.

Types of construction works

Classification criteria

Project grades

Special

I

II

...

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IV

1.2.5

Energy

1.2.5.3. Hydropower construction works

a) Total installed capacity (MW)

> 1,000

> 50 ÷ 1,000

> 30 ÷ 50

≤ 30

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b) Retention capacity of reservoir corresponding to the normal rise of water level (million m³)

> 1,000

> 200 ÷ 1,000

> 20 ÷ 200

≥ 3 ÷ 20

< 3

c) Overflow dams

Earth, or earth – rock dams having the maximum height (m)

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...

> 100

> 70 ÷ 100

> 25 ÷ 70

> 10 ÷ 25

≤ 10

B

-

> 35 ÷ 75

> 15 ÷ 35

...

...

...

≤ 8

C

-

-

> 15 ÷ 25

> 5 ÷ 15

≤ 5

Concrete, reinforced concrete dams having the maximum height (m)

A

...

...

...

> 60 ÷ 100

> 25 ÷ 60

> 10 ÷ 25

≤ 10

B

-

> 25 ÷ 50

> 10 ÷ 25

> 5 ÷ 10

...

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C

-

-

> 10 ÷ 20

> 5 ÷ 10

≤ 5

1.2.5.4. Wind power construction works

Total capacity (MW)

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...

> 15 ÷ < 50

> 3 ÷ 15

≤ 3

1.2.5.5. Solar power construction works

Total capacity (MW)

≥ 50

> 15 ÷ < 50

> 3 ÷ 15

...

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Remarks:

1. A hydropower project gets the top grade of one of the criteria for the classification of Plants, Reservoirs and Overflow Dams (where A, B, C denotes typical geological groups of foundations, including: Group A refers to rock foundation; Group B refers to foundations formed of sandy soil, clumped soil, stiff or medium-stiff clay; Group C refers to foundations made of saturate soft clay).

2. Construction works in the "Hydraulic Energy System", such as water intake, transmission route (channels, conduits, tunnels), surge tanks or valve houses, penstocks, discharge channels or tunnels, etc. are graded according to grades of hydropower plants prescribed in point a of Sub-section 1.2.5.3 in the aforesaid Table.

3. Construction works belonging to the "Complex”, including dams, overflow spillways, bottom outlets, emergency spillways and other water intakes, etc. are graded according to the grades of overflow dams prescribed in point c of Sub-section 1.2.5.3 in the above-stated Table.

4. Other relevant projects, including control rooms, security walls, traffic roads, etc., in hydropower construction projects are graded according to the grades specified in the instructions given in the Circular No. 03/2016/TT-BXD.  

1.6. Amending point d of Sub-section 1.2.6.1 – Construction works for manufacturing of fertilizers and plant protection chemicals; amending point dd and adding point i, k and l to Sub-section 1.2.6.2 – Construction works for manufacturing of basic chemical products, petrochemicals, pharmaceutical chemistry, cosmetics and other chemicals; amending point a of Sub-section 1.2.6.3 – Construction works for manufacturing of chemical power source products; amending Sub-section 1.2.6.4 – Industrial gas factories of Section 1.2.6 – Chemicals in Table 1.2 – Classification of industrial construction works as follows:

No.

Types of construction works

Classification criteria

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Special

I

II

III

IV

1.2.6

Chemicals

1.2.6.1. Construction works for manufacturing of plant protection chemicals and fertilizers

d) Chemical fertilizer plants

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...

≥ 10

< 10

1.2.6.2. Construction works for manufacturing of basic chemical products, petrochemicals, pharmaceutical chemistry, cosmetics and other chemicals

dd) Plants, storage facilities, filling stations for petrochemical products (PP, PE, PVC, PS ABS, PET, SV, fiber, DOP, SM, VCM, Polystyrene, PTA, MEG, BTX, synthetic rubber ... )

Total output (thousand tonnes/year)

...

...

...

< 10

i) Plants, warehouses, filling stations for basic chemicals (acid, alkali, chlorine, etc.)

Total output (thousand tonnes/year)

≥ 10

< 10

...

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...

k) Paint and ink factories

Total output (thousand tonnes/year)

> 100

> 20 ÷ 100

10 ÷ 20

< 10

l) Cleaning chemical factories

Total output (thousand tonnes/year)

...

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...

≥ 10

< 10

1.2.6.3. Construction works for manufacturing of chemical power source products

a) Chemical battery factories

Total output (million units/year)

> 250

...

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...

< 150

1.2.6.4. Industrial gas factories, warehouses, filling stations

Total output (thousand m³ of gas/h)

> 15

8,5 ÷ 15

< 8,5

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No.

Types of construction works

Classification criteria

Project grades

Special

I

II

III

IV

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Telecommunication cable lines

Significance

Inter-country

Interprovince

Intraprovince

1.8. Amending Sub-section 1.4.1.1 – Expressways; Sub-section – Highways; Sub-section – Urban roads of Section 1.4.1 – Roads in Table 1.4 – Classification of traffic construction works as follows:

No.

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Classification criteria

Project grades

Special

I

II

III

IV

1.4.1

Roads

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...

Design speed (km/h)

> 100

100

80, 60

1.4.1.2. Highways

Traffic flow (converted thousand of vehicles/day-night

> 30

...

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...

3 ÷ < 10

0.3 ÷ < 3

< 0.3

Or

Or

Or

Or

Or

Or

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> 100

100

80

60

40

1.4.1.3. Urban roads

a) Urban expressways; thoroughfares; main urban roads

Design speed (km/h)

≥ 80

...

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b) Inter-regional roads

Design speed (km/h)

80

60

...

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...

c) Main regional roads; regional roads

Design speed (km/h)

60

50

40

1.9. Amending Section 1.4.6 – Maritime transportation; Sub-section 1.4.6.7 – Other maritime construction works in Table 1.4 – Classification of traffic construction works as follows:

No.

...

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...

Classification criteria

Project grades

Special

I

II

III

IV

1.4.6

Maritime transportation

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a) Cargo seaports

Deadweight tonnage (thousand DWT)

> 70

30 ÷ 70

10 ÷ < 30

5 ÷ < 10

< 5

b) Passenger seaports

Gross tonnage (thousand GT)

...

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...

100 ÷ 150

50 ÷ < 100

30 ÷ < 50

< 30

c) Transshipment, anchorage and storm sheltering areas

Deadweight tonnage (thousand DWT)

> 70

30 ÷ 70

10 ÷ < 30

...

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...

< 5

1.4.6.5 Seawater training works, breakwaters, groins, diversion dams, shore protection embankments;

Maximum height of each project or gauge height H (m)

H > 16

12 < H ≤ 16

8 < H ≤ 12

5 ≤ H ≤ 8

< 5

1.4.6.6 Vessel traffic service systems

...

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...

≥ 4

3

2

1

1.4.6.7 Other maritime construction works

a) Maritime signaling buoys

Diameter D (m)

D > 5

...

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...

2.5<D≤3.5

2.0<D≤2.5

D≤2.0

b) Shipbuilding, ship and other watercraft repairing facilities

Deadweight tonnage (thousand DWT)

>70

30÷70

10÷<30

5÷10

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APPENDIX II

AMENDING, SUPPLEMENTING AND REPLACING CERTAIN REGULATIONS LAID DOWN IN APPENDIX 2 - CLASSIFICATION OF CONSTRUCTION WORKS BASED ON THEIR STRUCTURAL DIMENSIONS TO THE CIRCULAR NO. 03/2016/TT-BXD
(To the Circular No. 07/2019/TT-BXD dated November 7, 2019 of the Minister of Construction)

2.1. Amending point b and c of Section 2.1 of Table 2 – Classification of construction works by their structural dimensions as follows:

No.

Types

Classification criteria

Project grades

Special

...

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II

III

IV

2.1

2.1.1 Houses, home-type structures

Grade-III or higher grade residential villas

2.1.2 Multi-storey buildings (excluding structures specified in 2.2).

b) Number of stories of a building (or a construction project)

>50

...

...

...

8÷24

2÷7

1

c) Total floor area (thousand m²)

>30

>10÷30

1÷10

<1

...

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...

No.

Types

Classification criteria

Project grades

Special

I

II

III

IV

...

...

...

Security walls or embankments

As for any security wall or embankment ≤ 500 m in length in total, after determination of its grade according to this Table, its grade must be moved down by a grade.  

2.7.1 Security walls (earth, rock, onshore walls, except structures specified in 2.9)

With respect to security walls used in training works belonging to Section 2.11 and 2.12, criteria for structures in this section must be taken into consideration.

a) Rocky beds

Wall height (m)

>25÷40

>15÷25

...

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...

≤8

b) Beds formed of sandy soil, clumped soil, stiff or medium-stiff clay

>12÷20

>5÷12

≤5

c) Beds formed of soft saturated clay

...

...

...

>10÷15

>4÷10

≤4

2.7.2 Embankments (Shore protection embankments used for hydraulic construction works or river training works; exclusive of structures prescribed in 2.9 and 2.11.2)

Project height or gauge height (m)

>8

>5÷8

>3÷5

...

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...

2.3. Amending Section 2.10.5 – Oil and gas pipelines of Table 2 – Classification of construction works by their structural dimensions as follows:

No.

Types

Classification criteria

Project grades

Special

I

II

III

...

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2.10

Tubing/ducting

As for any tubing/ducting ≤ 1000 m in length in total, after determination of its grade according to this Table, its grade must be moved down by a grade.  

2.10.5. Oil and gas pipelines

a) Inner diameter (mm)

≥ 300

< 300

...

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...

2.4. Adding Sub-section 2.14.3 – Construction works for risky games impacting community safety (e.g. roller coasters, towers, steel pillars, water slides, steel support for game equipment, etc.) to Section 2.14 – Other small-scale structures in Table 2 – Classification of construction works by their structural dimension as follows:

No.

Types

Classification criteria

Project grades

Special

I

II

III

...

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...

2.14

Other small-scale structures

2.14.3. Construction works for risky games impacting community safety (e.g. roller coasters, towers, steel pillars, water slides, steel support for game equipment, etc.)

Gross height, including the height of the main structure and peripheral technological accessories (m)

>15

≤15

...

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APPENDIX III

EXAMPLE OF DETERMINATION OF PROJECT GRADES PRESCRIBED IN CIRCULAR NO. 03/2016/TT-BXD
(To the Circular No. 07/2019/TT-BXD dated November 7, 2019 of the Minister of Construction)

Replacing Section 3.5 – Example 5 – Industrial construction works – Hydropower plant B in Appendix 3 to the Circular No. 03/2016/TT-BXD as follows:

3.5. Example 5 – Industrial construction works – Hydropower plant B

Hydropower Plant B construction project with the design capacity of 30MW. The project includes the following construction works:

- Retention capacity of the reservoir: 10 million m³;

- The “Complex” facilities are composed of the followings: Main overflow dam (30m high with concrete structures built on rocky beds), overflow spillway, auxiliary dam, etc.;

- The “Hydraulic Energy System” facilities are composed of the followings: Hydropower plant (having the generation capacity of 30 MW), water intake, water conveyance tunnel, surge tank, penstock conveying water to turbines, outlet and discharge channel, etc.;

- Other facilities, including: Power line and substation (110KV voltage), built-in roads (motorways, speed <30km/h), control room (comprising 4 floors with no basement), administrative office, security guard booth, gates, fences, etc.

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Project grade used for determination of the authority having jurisdiction to conduct assessment of its design and inspection of project commissioning and acceptance testing under clause 1 of Article 3 in the Circular No. 03/2016/TT-BXD shall be defined as follows:

- As per point b of Sub-section 1.2.5.3 in Table 1.2 of Appendix 1, the reservoir gets the grade III defined according to its capacity;

- As per point c of Sub-section 1.2.5.3 in Table 1.2 of Appendix 1, the main overflow dam gets the grade II defined according to its height of the dam body built on the rocky bed;

- As per point a of Sub-section 1.2.5.3 in Table 1.2 of Appendix 1, the powerhouse gets the grade III defined according to its capacity.

In conclusion, the grade of the project used for determination of the authority having jurisdiction to conduct the assessment of designs and inspection of commissioning and acceptance testing of Hydropower Plant B is the grade II (the project grade determined under Sub-section 1.2.5.3 in Table 1.2 of Appendix 1 is the grade II, which is the highest grade of the Reservoir, Main Dam and Powerhouse)./.